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2020 Wisconsin Presidential Recount What We Learned Role of The 6/10/2021 2020 Wisconsin Presidential Recount What We Learned 1 Welcome 2 Role of the Wisconsin Elections Commission Presented by: Richard Rydecki, Assistant Administrator 3 1 6/10/2021 Role of the filing officer: Determine if a contest is eligible for recount Determine who is responsible for paying for the recount Recount Collect or determine costs estimates and provide that information to the Preparations aggrieved candidate (if applicable) Review timeline for conducting the recount Issue the recount order 4 Recount Eligibility State law defines an “aggrieved candidate” as: In contests with more than 4,000 ballots cast, the second- place finisher must be within 1% of the presumed ‘winner.’ In contests with less than 4,000 ballots cast, the second-place finisher must be within 40 votes of the presumed ‘winner.’ Wis. Stat. § 9.01(1)(a)5 Only an aggrieved candidate can request a recount. Wis. Stat. § 9.01(1)(a)1 For referenda, any voter who voted in that election can request a recount. Wis. Stat. § 9.01(1)(a)1 5 If the margin between the presumed first and second place finishers is less than .25%, that contest is eligible for a ‘free’ recount. Recount If the margin is greater than .25%, the aggrieved candidate who is requesting the recount is responsible for the Costs and recount costs. Who Pays The estimated costs are due by the deadline to file the recount petition. Wis. Stat. § 9.01(1)(ag) 6 2 6/10/2021 Once a contest has been determined to be eligible for recount, the filing officer may have to determine cost estimates for conducting the recount and provide that information to the aggrieved candidate. Wis. Stat. § 9.01(1)(ad) Potential cost categories: Space rental Wages for tabulators and Board of Canvassers Determining Clerical materials and supplies Voting equipment programming and/or rental costs Cost Legal counsel Travel costs and meals Estimates Improper cost categories: When in doubt, consider public records law and state/local reimbursement policies Location/clerical fees, allowable; Redaction fees, not allowable Alcohol, travel (to headquartered location, for family members), lost/stolen personal property, traffic citations/fines, and childcare are non- reimbursable costs. 7 Timeline to file: for most offices, the deadline to file a recount petition is 3 days after the final canvass for that office is received by the filing officer. Wis. Stat. § 9.01(1)(a)1 For Office of the President the deadline to Recount file is one day after the final canvass is received from the counties. After the recount petition is received and Timeline payment has been confirmed, the filing officer shall issue the recount order. The recount must be completed no later and than 13 days from the date of the order directing the recount. Wis. Stat. § 9.01(1)(ar)3 Recount The recount must convene no later than 9 a.m. on the 3rd day after receipt of an order and may adjourn for not more than one day at a time until the recount is Order completed (in each county). 8 Recount results required to be reported to WEC on a nightly basis. Transparency is essential. Any vote swings of 10 or more in any direction need to be accompanied by Reporting written explanation. Chapter 9 of the WI statutes provides Results and the guidelines for this process. Recount manual outlines the statutes and administrative procedures used for Resources the recount. Memo included in the manual that outlines 2 key points: BOC discretion and voter error v. election official error. 9 3 6/10/2021 Role of Milwaukee County Election Commission Presented by: George L. Christenson, Clerk Julietta Henry, Elections Director Michelle R. Hawley, Deputy Elections Director 10 MISSION STATEMENT The mission of the Milwaukee County Election Commission is to administer Milwaukee federal, state, and local elections in a manner that fosters public trust in the accuracy, efficiency and fairness of County elections and develops public confidence in Election the democratic process. Commission The Milwaukee County Election Commission is the only county with a commission (MCEC) (County department) dedicated to elections in the State of Wisconsin. 11 The MCEC is responsible for overseeing the election process throughout all 19 municipalities within Overview of Milwaukee County. The municipalities in Milwaukee County include: Milwaukee Bayside Brown Deer Cudahy County Fox Point Franklin Glendale Greendale Greenfield Hales Corners Election Milwaukee Oak Creek River Hills St. Francis Shorewood South Milwaukee Commission Wauwatosa West Allis West Milwaukee Whitefish Bay (MCEC) 12 4 6/10/2021 Code all electronic media used for the DS200 Voting Machines, AutoMark devices, and ExpressVote machines Order and disseminate ballots and election supplies to each municipality Work collaboratively with municipalities to conduct and validate pre-election Responsibilities testing of voting equipment Collect election results from of MCEC municipalities on Election Night Publicly post and disseminate countywide Unofficial Election Results Verify and tally Election Results (County Canvass) Coordinate logistics and activities for Countywide Recount 13 Other Responsibilities of MCEC Store and maintain all ballots, absentee envelopes, and other election related materials (post-election) Receive, audit, and maintain Campaign Finance Statements for all registered county candidates Provide documentation and guidance to potential candidates for county offices (candidate packets) Review and verify Nomination Papers (Signatures) Fulfill open records requests Answer constituents’ election related questions, concerns, complaints, etc. 14 What is a Recount Petition? A Recount Petition is a sworn statement More requesting the votes at an election be counted again and outlining the reasons why the ballots should be recounted about the The Recount Petition must state the following: recount The petitioner must specifically request a recount process The petitioner was a candidate for the office in question The basis for requesting the recount The ward or wards to be recounted A Verification Statement signed under oath 15 5 6/10/2021 Recount Petition for 2020 Presidential Election Donald L. Trump, Republican Candidate for President of the United States, successfully submitted a petition for a recount of the ballots in the state of Wisconsin for Milwaukee County (and Dane County). On November 19, 2020, the Wisconsin Elections Commission issued a Recount Order. The Order required Dane County and Milwaukee County Board of Canvassers to recount the ballots cast for the Office of President of the United States. The Order set the recount to begin no later than at 9:00 a.m. on Saturday, November 21, 2020. Wis. Stat. § 9.01 (1)(ar)3 16 Who Conducts a Recount? The Board of Canvassers that determined the election results will conduct a recount, except for state and federal elections For state and federal elections, the County Board of Canvassers for the county in which the contested votes were cast conduct the recount The Board of Canvassers may hire tabulators who work at the Board’s direction and who assist in administering the recount When and where possible, the election inspectors who worked the polls on Election Day will serve as tabulators 17 Who are the Milwaukee Tim Posnanski Commissioner- County Board of Commissioners? Chair In Milwaukee County, the Board is referred to as Commissioners rather than Canvassers Rick Baas The Milwaukee County Board of Election Commissioner Commissioners always consist of 3 persons Vice-Chair Three qualified electors of the County are appointed by the County Executive Two Commissioners represents the party of the current governor and the other one represents the opposing party Dawn Martin Commissioner Primary role is certification of election results; act in the capacity of the governing body during a recount 18 6 6/10/2021 Any person may attend the recount Candidates, their representatives, or legal counsel, media representatives, and any other interested persons Who May Wis. Stat. § 9.01 (3) The Board of Commissioners and the Tabulators are the only persons who Attend a may handle and touch the ballots and other election materials Recount? The Board of Commissioners MUST allow the candidates and their representatives and/or legal counsel to view and identify the election materials Wis. Stat. § 9.01 (1)(b)11 19 Who attended the recount in Milwaukee County? *All municipal staff, poll workers, and all observers were instructed to sign in each morning with Milwaukee County Election Commission (MCEC) Staff during check‐in (this reflects a count of those who signed in). Some campaign staffers and all security personnel did not sign in during the seven days. 20 Unless a court orders otherwise, the Board of Commissioners (Canvassers) may decide to either hand-count or use voting equipment to tabulate the ballots The Board of Commissioners (Canvassers) may also choose to hand-count certain wards, while using Recount voting equipment to tabulate other wards Wis. Stat. § 5.90(1) Preparations If voting equipment is used, it should be programmed to read and tally only the results for the contest to be recounted The filing officer administering the recount should ensure that all the supplies and materials needed for the recount have been acquired prior to the start of the recount (including ballots) 21 7 6/10/2021 Recount Preparations Establish a Plan of Action for Recount Secure a venue (2020 required COVID-19 related considerations –
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